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The overlap of treatment and punishment in the sex offense legal regime is a part of a process critics refer to as medicalization: the reconception of differences or problems as medical or psychiatric disorders — frequently constructed as biologically caused — that need to be prevented, diagnosed, or treated. Marginalized sexual desires or acts considered immoral at a given time, like homosexuality, are often subject to medicalization, turning “badness to sickness,” as sociologists Peter Conrad and Joseph Schneider write in their 1980 classic Deviance and Medicalization. But the slippage is not just between nature and culture; it is also between the moral and the legal. Asked how she defined sexual deviance, the therapist in Dallas replied, “Deviance is anything that’s against the law.”
PEOPLE WHO COMMIT sexual harm have commonly experienced trauma as children or adults. Like most of us at some point in our lives, they could use therapy. But civil commitment is prison, and incarceration is psychologically destructive; indefinite detention borders on psychological torture — the opposite of therapy. Furthermore, the “treatment” arm of the sex offense legal regime asks us all to collaborate, recruiting the public, helping professions, schools, religious institutions, and even families to police the state’s boundaries between sexual normalcy and deviance. The radical approach to civil commitment is to stop thinking of sexual violence as a sociopathology from which the community must be safeguarded, and to turn instead to social and environmental approaches that engage the community in helping people who have done harm to live nonviolent lives.
What we need are paradigm shifts: from justice as retribution to justice as healing, from conviction to accountability, punishment to repair, and rehabilitation to transformation. Movements for transformative and restorative justice are not just for institutions, nonprofits, or, simply, someone else. All of us need to step away from the systems to which we have outsourced the responsibility to deal with harm and make us safer.
If we want to end violence, we have to divest from the industries of punishment and surveillance and invest in what allows people and communities to flourish. And to invest in economic, political, and social systems that put people — all people — before profit, we must never abandon children, or anyone else, to endure or defend themselves when they are subjected to sexual harm. But the United States abandons people in countless ways — leaving them without decent housing, health care, clean water, and so much else. The sex offense legal regime displaces real protection with a false sense of security at the same time as it incites terror to justify itself. Like the rest of the criminal legal system, it disproportionately targets people of color. It exiles a permanent class of sexual pariahs — now nearly a million — from the rights of residency, citizenship, and humanity itself. It is long past time to overthrow the regime.
The people at Lucero’s sessions are all sick. They carry hospital ID cards issued by Mount Sinai and Bellevue, where they are treated. Many of them have developed cancer. They have rhinitis, gastritis, arthritis, severe acid reflux, asthma, high blood pressure, and back pain. They have PTSD, anxiety, depression, and paranoia. Their psychological symptoms are triggered by the smell of barbecue, by darkness, by any news coverage of natural disasters. The group helps them in some ways, but Lucero is just one person and cannot do it alone. Meetings are irregular.
When I return to visit the group again in early 2017, all anyone can talk about is deportation. A woman named Lourdes with two long braids reminds the group to be careful. She tells them to carry their prescription bottles around with them as well as their hospital ID cards to present to ICE officers should they be approached. She says ICE once entered her home, but they left her alone when she was able to prove that she was receiving treatment through a local hospital’s World Trade Center worker program. But that was one nice ICE officer, she says. Any of them could be deported at any time.
aaaahhhh
The undocumented immigrants who died on 9/11 worked in restaurants, in housekeeping, in security. They were also deliverymen. The 9/11 Memorial and Museum now stands where the Twin Towers once stood. They have an exhibit that gutted me when I saw it. It’s a bicycle, presumed to have belonged to a deliveryman, a bike that was left tied to a pole near the Twin Towers. Visitors to the site had left acrylic flowers — red, white, and blue roses and carnations. They also left a rosary on the bicycle. It became a makeshift memorial. There was a note on the street next to the bike: EN MEMORIA DE LOS DELIVERY BOYS QUE MURIERON. SEPT 11 2001. “In memory of the delivery boys who died.” Delivery boys. That’s how I know it was the delivery boys who put up that sign, who left those acrylic flowers, men like my dad.
I wonder what the bike owner brought to the Twin Towers that day. It was September, a mild day, so maybe an iced coffee. Black. Probably a scone. Maybe a $4.50 breakfast. A 15 percent tip would be sixty-seven cents. A 20 percent tip would be ninety cents. A generous person might tip a dollar. My father would travel anywhere for a dollar. My father would chase a dollar down the road, a dollar blowing in the winds of a hurricane, even when there was an equal likelihood of getting swept up by the wind. My dad would always take the chance. A dollar is a dollar.
All I had were words, but I had no warmth to infuse them with. I felt I had nowhere else to go but satire. Satire shares something with empathy, but it’s a contorted relationship. Maybe they’re stepsiblings. They’re forced to live together, but satire spends all its time bullying empathy. The first version of Class had a big satire problem. Since all I felt was sadness and loneliness, and guilt about the pleasures of traveling and partying, and also about the way literature had provided a way away from my family and that specific church across that specific street, I retreated to my French literature gods—Proust, Maupassant, Zola, Balzac, Flaubert—and chose to make fun of society. Fucking society! I crushed those characters and their mannerisms. I didn’t know what else I could do.
But where people could relate to Alessandro’s novel, they couldn’t relate to mine. There’s a clunkiness to my writing that comes from a loneliness so extreme it never manages to warm up. I don’t suffer like a poet, I suffer like an office clerk. The second part of the novel offered no comforting hugs to anyone, nor did it provide any explanation of or knowledge about the impotent, Catholic anti-Semite at its center. The flamboyance of the style was an implicit promise to the publisher—and the foreign publishers—that their money would be earned back. But it was only style, and style is never enough.
i kind of love this
One time, I was interviewed on satellite television by a pair of good-looking 25-year-old hosts who asked me: What’s it like to have it made? Their anxious tone betrayed a lack of confidence you rarely see on TV. It was so strange to see people that young, working in broadcast media, projecting such intense feelings of dread. An interview is all about the hustle—it’s the awkward pursuit of those elusive moments when the interviewer suddenly feels (and this happens to me, too, when I’m the one holding the recorder) that they’ve captured something good, something that will lead to an uptick in their reputation. I could tell that for the interviewers and the young writers who were watching, Class was a major bummer. It reminded them that the hustle was ridiculous in the midst of the hustle itself. And still they couldn’t stop, because what else could they do? Everybody their age assumed they were going to try and fail. This made me realize I’d written something more horrifying than I’d planned. The younger readers saw beyond the petulant mannerisms of my characters and made me realize that what the novel was really about was how those characters had no choice.
This second, English version of Class had the same structure as the first, and I don’t think I took out any scenes, but it felt very different anyway. It came out in the US and got good reviews, and Dwight Garner put it on his year-end list in the Times. I was so happy! I had lost money on this book (the unpaid translation and the tiny advance), but Garner’s praise, and Christian Lorentzen’s review in New York, were what I needed to keep going. In the end I’ll find the money to pay for my need to write. I’m desperate. I’m like them—like my characters. I don’t care. The following may not make sense, but to me it truly doesn’t matter if I get my money from my wife, my parents, the Italian encyclopedia where I work, or from you, my motherfucking readers. I hate you! I just need the money, because if I don’t write these nightmares I will die.
I hate what you are feeling right now. You are not seeing the breakdowns and the panic and the days we spend in bed with the curtains down. Authors show off their empathy and what the readers see is glamour. I hate all of this.
I now saw before me the profound depth of my dissatisfaction with what the market and the publishing industry do to authors. The industry makes us forget that we got here because we couldn’t make sense of things, we couldn’t just pick up whatever shared sense of reality we were taught in school, in church, on TV. We needed to create our own, detailed reality. But then the industry makes you hurry up and go ahead, eager for you to craft a career for yourself, instead of a history.